The Veteran's claims for higher initial ratings for his service-connected lumbar strain disability and bilateral knee disabilities are being remanded due to inadequate examination reports. A new VA examination is required to assess the current severity of these conditions.
The deciding factor: The previous VA examinations did not include range of motion testing in both weight-bearing and non-weight-bearing positions, as required by 38 C.F.R. § 4.59.
- Claimed conditions
- lumbar strain disability, right knee patellofemoral pain syndrome (right knee disability), left knee patellofemoral pain syndrome (left knee disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2018
- Citation
- 18130242
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 18130242.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied earlier effective dates for the awards of service connection for various disabilities, including PTSD with other specified depressive disorder and multiple wrist and finger pain conditions.
- Partly granted
The Board denied service connection for coronary artery disease and irregular heartbeat, granted a 40 percent initial rating for low back disability, and denied an increased rating for left knee disability. The Board also granted a 20 percent initial rating for bilateral dry eye syndrome.
- Partly granted
The Board granted service connection for lumbar strain and tinnitus disabilities, dismissed the appeal for depression, and denied the claim for a left eye condition. The Board also granted service connection for sleep apnea.
- Remanded (sent back)
The Board remands the claim for service connection of right knee disability, to include as secondary to PTSD and right ankle disabilities, with obesity as an intermediate step, for additional evidentiary development.
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